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U.S. v. MAXWELL

No. 09-1510.

590 F.3d 585 (2010)

UNITED STATES of America, Appellant, v. Delano Eugene MAXWELL; Hassan Majied, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: January 4, 2010.

Attorney(s) appearing for the Case

Susan T. Lehr, AUSA, argued, Omaha, NE, for appellant.

Alan Stoler, argued, Jerry Hug, on the brief, Omaha, NE, for appellee.

Before WOLLMAN, MURPHY, and BYE, Circuit Judges.

WOLLMAN, Circuit Judge.

The government appeals the district court's order reducing Delano Maxwell's and Hassan Majied's sentences to 240 months' imprisonment. We hold that the retroactive amendments to the cocaine base sentencing guidelines permitted sentence modifications, but that the district court lacked authority to impose sentences below the amended guidelines range. See 18 U.S.C. § 3582(c)(2); U.S. Sentencing Guidelines Manual §§ 1B1.10...

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